HomeMy WebLinkAboutROI NO 1754RESOLUTION OF INTENTION NO. 1754
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4 -115 (422 OAK STREET), TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF
THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 2)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for
the payment of the whole or any part of the costs and expenses of maintaining
and operating any public improvements which are local in nature, from annual
benefit assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ( "CMD "). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ( "special benefit ")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ( "general benefit ");
WHEREAS, as set forth in the attached Public Works Director's Report
(Exhibit 1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and /or public park, based on the
location of said improvements in or near said area, above and beyond the
general benefit of parcels within the City that are not part of the CMD. Each
parcel within this area will be assessed its proportionate share of special benefit
based on the zoning, usage, and size of the parcel;
WHEREAS, the property owner has requested the City Council to include
the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, and the Public Works Director recommends
addition of territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 4 -115 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A ";
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b) A map and assessment diagram of the additional territory,
attached hereto as Exhibit "B ";
c) The benefit formula attached hereto as Exhibit "C ";
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E ";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit 7 ";
WHEREAS, the City of Bakersfield has received a letter from the owner(s)
of the property described in Exhibit "B," which waives any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other
law) concerning the formation of and assessments for inclusion in the
Consolidated Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from
said local improvements; that the expense of maintaining and
operating said improvements is hereby made assessable upon said
area; and that the exterior boundaries thereof are hereby specified
and described to be as shown on that certain map marked Exhibit
"B," entitled "Map and Assessment Diagram for Addition of Territory, to
the Consolidated Maintenance District, Bakersfield, California," which
map indicates by a boundary line the extent of the territory to be
added to the Consolidated Maintenance District and shall govern for
all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape and Park Zones of benefit and is assessed an amount not
to exceed the amount established in Resolution No. 019 -05 per
equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los
Angeles- Riverside - Orange County /All Urban Consumers Consumer
Price Index.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on 11-IN 7 6 2013 , by the following vote:
AYES: COUNCILMEMBER , MAXWELL, WEIR, SULLIVAN, JOHNSON
S: COUNCILMEMBER N D r,,
AB IN: COUNCILMEMBER
ABSE COUNCILMEMBER G o!0y\'
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 16 1013
IVI/1TVI< UI Hit' 1-11y UI DUKCIJIICIU
APPROVED AS TO FORM:
VIRGINIA G�NNARO
City Attorr�/ey) ,
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
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PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4 -115
Fiscal Year 2012 -2013
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as north of the northeast corner of Oak Street and Palm Street and as
specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto
and incorporated herein by reference as though fully set forth, as an area within the City of
Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per
parcel. In each subsequent year, annual assessments may increase by the cost of living.
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EXHIBIT
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reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and /or street landscaping have been
installed. When park and /or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019 -05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2012 -2013 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to pay the
cost of maintenance and operation in said area.
Dated: LIP 3
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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EXHIBIT 1 t
LEGAL DESCRIPTION
Area 4 -115
An area located in Section 36, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:
Site Plan Review 12 -314
422 Oak Street Bakersfield California
Containing: 0.34 Acres, more or less.
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EXHIBIT A
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4 -115) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD 4 -115
'11
NOT TO SCALE
0
EXHIBIT "Bt
mi. M6 4-115 SHEET 1 of OR1 f
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MAINTENANCE DISTRICT AREA 4 -115
Said assessment is made in accordance with the benefit formula attached hereto.
2012 -2013
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) **
Less: City Contributions
NET AMOUNT TO BE ASSESSED
** Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00
EXHIBIT D
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Assessor's Tax No.
007 - 392 -11
Total
Date:
MAINTENANCE DISTRICT AREA 4 -115
ASSESSMENT ROLL
FISCAL YEAR 2012 -2013
Total amount to
be collected for
FY (2012 -2013)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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Inclusion of a Subdivision Into the Consolidated Maintenance District
OM Management & Business Associated, Inc.
8241 a Street
Bakersfield, CA. 93301
661 -699 -5194
May UP, 2013
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1600 Tnixtun Avenue
Bakersfield, California 93301
Dear Mrs. Shaw:
RE: Inclusion of Parcel Map No. APN: 007- 410 -07 -00-9 Portion of Lot 5 in Block
A & APN: 007- 392 - 11.00 -9 Lots 6 and 7 In Block 2 In a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within Parcel Map No.
APN: 007- 410- 07 -00-9 Portion of Lot 5 In Block A & APN: 007 - 392 -11 -00-9 Lots
i 6 and 7 In Block 2 hereby request that the property be included within the CMD.
This request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ as required by the City to cover
the costs of this inclusion Into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
( "applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing Is scheduled for ,
2013 at 5:15 In the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Sar r ~�
President
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28TH day of June , 2013 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1754 passed by
the Bakersfield City Council at a meeting held on the 26th-day of June. 2013 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
4 -115 (422 OAK STREET), TO THE CONSOLIDATED MAINTENANCE
DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL. (WARD 2)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the Cit of Bakersfield
By:
DEPUtY City C erk
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